Republic of the PhilippinesProvince of Bukidnon

CITY OF MALAYBALAY

* * *Office of the Sangguniang Panlungsod

EXCERPT FROM THE MINUTES OF THE 4TH REGULAR SESSION OF THE THIRD SANGGUNIANG PANLUNGSOD OF THE CITY OF MALAYBALAY, BUKIDNON, HELD AT THE SP SESSION HALL ON FEBRUARY 6, 2007.

PRESENT: Hon. City Vice Mayor Ignacio W. Zubiri, Presiding Officer Hon. City Councilor Aurora F. Deticio Hon. City Councilor Amado C. Estrada Hon. City Councilor Provo B. Antipasado, Jr. Hon. City Councilor Jaime P. Gellor, Jr.

Hon. City Councilor Conrado M. Barroso Hon. City Councilor Bob Roberto T. Casanova Hon. City Councilor Melchor P. Maramara Hon. City Councilor Clarita C. Carbajal Hon. City Councilor Rhea Vyel C. Maskariño ABSENT : Hon. City Councilor Manuel L. Dinlayan (Official Business) Hon. City Councilor Amador O. Melendez Hon. City Councilor Elecita N. Bargola (On Leave)

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EXPLANATORY NOTE

Sponsored by: Committee on Codification & Laws and Committee on Barangay Affairs

It is the policy of the state to develop a self-reliant and independent national economy. Encouraging private enterprise and promoting investments in micro-economy may attain such policy. With this end, it is therefore undeniable that the role of small-scale business, which is this case, our junk shops, whether it is small or big, is significant. Their feasibility and viability as a component of the micro-economy appears bright.

In order to efficiently and effectively carry out the state’s policy, there is therefore a need to regulate the establishment, operation and maintenance of these junk shops. Hence, the City of Malaybalay, thru the Sangguniang Panlungsod, seeks the enactment of this ordinance to respond to such need.

ORDINANCE NO. 604Series of 2007

ORDINANCE REGULATING THE OPERATIONS OF JUNK SHOPS

Be it ordained by the Sangguniang Panlungsod of the City of Malaybalay in session assembled, that:

SECTION 1. This ordinance shall be known as an Ordinance regulating the Operation of Junk Shops in the City of Malaybalay.

SECTION 2. DEFINITION OF TERMSa. Junk shop – is the establishment operated to buy or sell rubbish materials,

metals, plastics, cartons, bottles, batteries, appliances and other recyclable waste materials.

a) Transient junk buyer – any person engaged in direct buying and selling of junk materials who is not a resident of the City of Malaybalay.

b) Suspicious origin – materials the quantity and quality of which are giving doubtful impression to anyone for these might be stolen or coming from illegal sources.

c) Vintage bomb – an explosive device or material which is a remnant World War 2.

d) Explosive – a substance or device that suddenly produces a volume of rapidly expanding gas.

e) Toxic waste/material – relating to or containing poisonous substance such as battery solution, fumes from Liquefied Petroleum Gas (LPG) leaks or containers of liquefied congestible materials.

f) Transformer – a device that transfers electrical energy from one alternating circuit to another with a change in voltage, current, phase or impedance.

SECTION 3. REGULATED ACTSa) Any person, partnership, or corporation operating a junk shop

shall first secure a business permit and comply with all the requirements as mandated by law or ordinance;

b) That the operator of a junk shop shall require a certificate from the Malaybalay City Water District (MCWD) for any water material(s) or equipment being bought e.g. G I pipe, water meter and others;

c) That the operator of a junkshop shall require a certificate from the Bukidnon Second Cooperative (BUSECO) for any electrical

materials(s) such as aluminum materials, transformer, electric meter and others being bought;

d) That the operator of a junk shop shall maintain a record book for recording of daily transactions;

e) That the record book shall contain the following information:1. Identification of seller (ID or Residence Certificate)2. Description of article sold or bought

a. type of materialb. quantity/weight of materialc. length of the material

3. Date of transactionf) That the record books shall be registered with the License

Division of the City Mayor’s Office;g) That the book of record shall be open for inspection by the

Licensing Section of the City Mayor’s Office or any member of the Philippines National Police (PNP);

h) That junk shops shall not use sidewalks and streets for storage;i) That junk shops shall maintain the proper sanitation and

cleanliness of their premises;j) That junk shops shall maintain and keep within their premises a

receptacle for articles without value;k) Toxic waste shall be properly placed in a receptacle independent

of other articles;l) Toxic waste must be properly disposed within seven (7) days

after purchase;m) In cases of vintage bomb and other explosives, junk shop

operators must notify the Philippine National Police (PNP) for proper disposal;

n) Articles/materials from suspicious origin or sources must be reported to the PNP for verification;

o) All transient junk buyers doing business in barangays in the City of Malaybalay shall register and secure permits from barangay government and comply with the provisions of Section 3, Subsection (e) hereof

p) That junk shop operator shall only operate (Loading and unloading) from 6:00 am to 6:00pm;

SECTION 4. That prior to the issuance of the business permit, the License Division of the Mayor’s Office shall inspect the junk shop to determine compliance of the requirements as mandated by law or ordinance.

SECTION 5. PENALTYAny owner of a junk shop who violates any provision of Section

3(a) and its sub sections shall be penalized by a fine of Five Thousand Pesos (P 5,000.00) or imprisonment of six (6) months and one (1) day to (1) year, or both, at the discretion of the court.

SECTION 6. ADMINISTRATIVE PENALTY. In case where the owner of a junk shop violates any provision of this Ordinance, its business permit shall be cancelled thru notice issued by the Office of the City Mayor.

SECTION 7. SEPARABILITY CLAUSE. If for any reason or reasons any part or the provision of this ordinance shall be held unconstitutional or invalid, the other parts or provisions hereof which are not affected thereby shall be in full force and effect.

SECTION 8. REPEALING CLAUSE. Except as otherwise provided herein, all other ordinances, executive orders and administrative regulations or parts thereof which are inconsistent with this Ordinance are hereby revoked.

SECTION 9. EFFECTIVITY CLAUSE. This ordinance shall take effect immediately upon its approval.

ENACTED.

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CORAZON VILLANUEVA ITCHON Sangguniang Panlungsod SecretaryAPPROVED, FEBRUARY 6, 2007:

IGNACIO W. ZUBIRI City Vice Mayor Presiding Officer

FLORENCIO T. FLORES, JR.City Mayor

CMBARROSO/vas